There has been recent public discussion about reviving Michigan’s economy by having the state adopt “right-to-work” provisions — laws that prevent joining or paying fees to a union from becoming a requirement of lawful employment.* In July 2007, Michigan Senate Majority Leader Mike Bishop indicated that he would support a right-to-work ballot initiative to amend the Michigan Constitution.[1] Right-to-work bills have been submitted in both the Michigan House and Senate.† In April 2007, Peter Karmanos Jr., the CEO of Detroit’s Compuware Corp., publicly suggested that Michigan should consider becoming a right-to-work state, saying, “The state unions are very powerful, the (teachers union) is very powerful and they are, as far as I’m concerned, fiscally irresponsible.”[2]

There are currently 22 states with right-to-work laws,** and many of these laws have been subject to union legal challenges. The subsequent legal record indicates that some right-to-work provisions are more likely to survive these challenges than others are. This policy brief therefore discusses several foundational legal concepts and sets forth model language for a legally sound right-to-work amendment to the Michigan Constitution.